Williams v. Eastern Carolina Coach Co.

As there was no error in overruling the motion for non-suit, the pivotal question is raised by an exception to the charge upon the ground that his Honor failed to observe the requirements of section 564 of the Consolidated Statutes. This section makes it the duty of the judge to “state in a plain and correct manner the evidence given in the case and declare and explain the law arising thereon.” It is contended that this mandate was disregarded in the instructions given the jury upon the first issue — a position which involves the consideration of the evidence pertaining to the issue, the…